South Australian Consolidated Acts South Australian Consolidated Acts14—Powers and procedures of Authority on an inquiry or appeal
(1) For the purposes
of proceedings before the Authority (whether under this Act or any other Act),
the Authority may—
(a) by
summons signed on behalf of the Authority by the Secretary of the Authority,
require the attendance before the Authority of any person; or
(b) by
summons signed on behalf of the Authority by the Secretary of the Authority,
require the production of any equipment or other item, or any books, papers or
documents; or
(c)
inspect any equipment or other item, or any books, papers or documents
produced before it and retain them for such reasonable period as it thinks
fit, and, in the case of books, papers or documents, make copies of any of
them, or of any of their contents; or
(d)
require any person to make oath or affirmation that he or she will truly
answer all questions put to him or her by the Authority relating to any matter
being inquired into or that is before the Authority; or
(e)
require any person appearing before the Authority to answer any relevant
questions put to him or her by any member of the Authority or by any person
appearing before the Authority.
(2) If a person—
(a) who
has been served with a summons to appear before the Authority, fails without
reasonable excuse (proof of which lies on the person) to attend in obedience
to the summons; or
(b) who
has been served with a summons to produce equipment or any other items, or
books, papers or documents, fails without reasonable excuse (proof of which
lies upon the person) to comply with the summons; or
(c)
misbehaves before the Authority, wilfully insults the Authority or any member
of the Authority or interrupts the proceedings of the Authority; or
(d)
refuses to be sworn or to affirm or to answer any relevant question when
required to do so by the Authority,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(3) A person is not
excused from answering a question or from producing books, papers or documents
under this section—
(a) on
the ground that the answer to the question or the contents of the books,
papers or documents would tend to incriminate the person; or
(b) on
the ground of legal professional privilege,
but if the person objects to answering a question on the ground that the
answer would tend to incriminate him or her, the answer will not be admissible
against him or her in criminal proceedings (except in proceedings for perjury)
or, if the person objects to answering a question on the ground of legal
professional privilege, the answer will not be admissible in civil or criminal
proceedings against the person who would, but for this subsection, have the
benefit of the legal professional privilege.
(4) The Authority may,
if requested to do so by a person who has been required to answer a question
by the Authority or who has produced books, papers or documents to the
Authority, by order prohibit the publication in any newspaper or by radio or
television of the name of the person, any answer given by him or her in
proceedings before the Authority or the contents of any book, paper or
document produced by him or her to the Authority.
(5) A person who
contravenes an order under subsection (4) is guilty of an offence.
Maximum penalty: $10 000.
(6) The Authority may
sit at any time and in any place (including a place outside this State) and
may adjourn its sittings from time to time and from place to place.
(7) In the course of
any proceedings, the Authority may—
(a)
receive in evidence any transcript of evidence in proceedings before a court
or tribunal and draw any conclusions of fact from the transcript that it
thinks proper; or
(b)
adopt, as in its discretion it considers proper, any findings, decision or
judgment of a court or tribunal that may be relevant to the matter before the
Authority.